Gorbett v. Claycamp

CONOVER, Judge.

Defendant-Appellant William D. Gorbett (Gorbett) appeals the Jackson Superior Court's judgment awarding Plaintiff-Ap-pellee Gilbert Claycamp, d/b/a Clayecamp Excavating Co. (Clayeamp) $8,000 with interest and costs as the amount due and unpaid for excavating a pond on Gorbett's real estate.

We reverse.

This appeal presents the following issues: whether the evidence was sufficient to show(a) a modification of the original flat fee contract,(b) consideration to support modification of the original agreement, and(c) Claycamp was entitled to recover on the basis of an implied or…